New York Auto Accidents

The aftermath of a car accident can be quite confusing. You may be shocked and distracted. If injured you may be in pain and focused on getting medical attention. A serious car accident, truck accident, or motorcycle accident may leave you with a severe injury such as a back injury, neck injury, broken bones, or even paralysis. Despite the chaos of an auto accident and its aftermath, it is important for victims to understand what they must do in order to preserve their legal rights. For example, it is critical to adhere to statutory deadlines in order to ensure that any claims are not barred by the statute of limitations. If you have been injured in an auto accident immediately contact an experienced New York Auto Accident Lawyer to ensure that any legal claims you have against the person who caused the accident will be pursued in accordance with New York's legal requirements.

Auto accidents are governed by tort law and are based primarily on the principle of negligence. Negligence is defined as the lack of using ordinary care. The test is whether an individual failed to use an ordinary degree of care that a reasonably prudent person would use under similar circumstances. This can include an act, or a failure to act.

The most common causes of auto accidents are:

• Distracted driver: This problem is very common. Accidents can occur due to the driver using a cell phone, texting while driving, changing radio stations, or engaging in any activity that takes attention away from driving.
• Road Defects: Accidents can occur because the road itself may be poorly designed, poorly maintained, or may have debris, construction or some other hazard.
• Product Liability: Faulty design or faulty manufacture of a vehicle can cause or contribute to an accident.
• Negligence: This can include speeding, following too closely, driving while under the influence of alcohol or drugs, failure to yield to the right of way, or disregarding any other traffic rule.

Physical injury and property damages are the most obvious consequences of a serious car accident. Unfortunately, you will also likely have to deal with the financial consequences of the accident. Fortunately, the law allows victims to pursue compensation from the negligent party in a car accident in a personal injury lawsuit. Oftentimes the medical expenses are significant and are not always covered by insurance. In addition, your medical expenses will likely not be limited to the bills you incurred in the days and weeks immediately following the accident, but in some cases you may continue to incur medical expenses months and even years following the accident. Along with a serious injury comes compensable pain and suffering. Pain and suffering is not only the physical pain that you experience, but also the emotional stress that accompanies a serious injury and recovery from it. To make matters even worse, you may be unable to work for an extended period, resulting in a loss of wages. In some cases the injury may permanently affect your ability to perform the same type of work you did prior to the accident, negatively affecting your future earning potential.

The most painful of consequence of a serious car accident is the loss of a loved one. The emotional impact is indescribable. However, the loss of a loved one may also create an additional financial stress on the family as there may also be a loss of that loved one's income. In a wrongful death lawsuit you will be able to seek compensation for both the emotional and economic losses suffered when a loved one passes away as a result of another's negligence.

New York law requires that victims file personal injury lawsuits within 3 years of the accident. N.Y. Civ. Prac. R. Sec. 214. Three years may seem like a long time. However, with complex cases it may take quite a while to assemble all of the necessary information in order to file a claim. Furthermore, there are several other filing deadlines that range from 10 days to 180 days that may be relevant to your case. Thus, it is very important to seek representation and start the process as soon as practicable following the accident.

A personal injury case can be complicated relying on complex evidentiary issues and the nuances of personal injury law. Whether you or a loved was injured in an auto accident, motorcycle accident, or truck accident, contact Stephen Bilkis and Associates to discuss your legal options. Our staff is experienced in handling personal injury cases in New York courts. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.